In your correspondence, you state that you submitted documents to the Commission – which we understand to have been in opposition to an application to amend a conditional use ordinance – to be made a part of the “public record.” You then allege that Commission failed to share those documents with the Sussex County Council (the “Council”) prior to the Council’s final consideration of the matter at its August 29, 2017 meeting.

Accepting all of your factual allegations as true, we can find no basis to conclude that the Commission’s actions amounted to a FOIA violation. As such, this matter is now closed.[1]

[1] We note that you state that you contacted this Office “because elected officials are governed by a set of guidelines and integrity and fairness must be at the forefront.” You also allege that the Council “clearly presented” your opponents’ materials with the Council prior to the August 29, 2017 hearing. Under the circumstances, we believe it important to note that the petition process outlined in 29 Del. C. § 10005(e) is limited to a determination of whether a violation ofFOIA has occurred or is about to occur. While we have determined that the Commission’s conduct did not amount to a FOIA violation, we offer no opinion regarding whether the Commission’s conduct comports with the Delaware State Employees’, Officers’ and Officials’ Code of Conduct, the Commission’s Rules of Procedures, Sussex County Code, or any other provision of law. Indeed, any such determination would fall outside the scope of FOIA.

Welcome

Visitors to this webpage may access Attorney General Opinions issued from 1995 to present. Most of the Opinions during that period relate to disputes concerning access to “public records” under, and/or alleged violations of the “open meetings” provisions of, Delaware’s Freedom of Information Act (“FOIA”). Those Opinions may be searched by using key words, or by category or year/month using the drop-down menus located on the left side of this webpage. Non-FOIA Opinions may be accessed by clicking on the “Other AG Opinions” link below the drop-down menus.